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Water Policy Review Commission
MINUTES
Regular meeting
Nov. 8, 2001
Training Rooms (first floor)
Thomas C. Kelly Administration Center
123 W. Indiana Ave., DeLand

MEMBERS
Bill Scovell (present)
Fritz Behring (present)
Randy Brewer (present)
Richard Fernandez (present)
Ken Hoblick (present)
Elizabeth Layton (present)
Tom McClelland (absent)
Steven Provost (present)

CALL TO ORDER/ROLL CALL
The meeting was called to order by Chair Bill Scovell at 6:05 p.m. with the above attendance noted. Also in attendance were Cindy Finney, County Manager’s Office, Frank Gummey, Assistant County Attorney and Gloria Marwick, Volusia County Water and Utilities.

APPROVAL OF MINUTES OF OCTOBER 11, 2001 MEETING
Elizabeth Layton made a motion that the minutes be accepted. Steven Provost seconded the motion. The motion was passed 8-0 and the minutes were adopted as written.

OLD BUSINESS; DISCUSSION OF POSSIBLE ITEMS FOR CONSIDERATION FOR BALLOT
Mr. Scovell said the Commission had been advised by County Attorney Dan Eckert that it would not be possible, because of the state law which controls water, for the Commission to say anything about a water authority. The Commission could suggest to the County Council that the Council place on the ballot an advisory statement with regard to the creation of a water authority in the County. The idea would be that if there were a substantial "yes" vote it would have some influence on those people who have resisted the idea for the last 25 years.

Mr. Scovell asked if this was something the Commission wants to pursue? Elizabeth Layton asked if there was anything stronger the Commission could recommend. Assistant County Attorney Frank Gummey noted the Commission was limited in its options. Mr. Scovell said he envisioned a ballot question "Should the existing Water Alliance create a water authority?" He noted there would have to be some selling of the issue to the public prior to the vote.

Beth McGee asked if the water authority would have the same funding mechanism as the Alliance. Mr. Scovell said the authority under Chapter 1962 would be able to sell water - - it would be a wholesale water seller and would have the ability to issue revenue bonds for purchase of expansion of connections. Mr. Scovell noted the Alliance has taken the first step; for the first time in ages, all municipalities are talking to each other. They haven’t agreed, but it’s a step in the right direction. The Alliance’s accomplishments have been minor, he said. They could have done a number of other things. A discussion ensued.

Randy Brewer said a couple of different elements need to be brought together for Volusia citizens. He noted the Volusia Forever initiative and the 20-year water supply plan. He suggested the Commission explore a way to tie it all together for the voter in ballot initiatives so voters can direct the County Council to take this much money to implement the plan. Can we do this?

Ms. Layton said it sounded like a good idea as the entities that are part of the Alliance accept what the Alliance is doing. Reinforce that and build on it.

Mr. Scovell asked Mr. Brewer to put his suggestions in writing and elaborate on it, noting there were parts the Commission may not be able to do.

Mr. Scovell said there were plenty of water studies and recommendations gathering dust on the County’s shelves. He said the only way to get something on the ballot adopted that causes the Council to act on it is to create something. He said he thinks a review is probably futile unless more heavy duty measures are employed.

Mr. Brewer said as far as a ballot initiative he would ask "Shall the Council create a review board and analyze the progress of the plan or not?"

Steve Provost said an advisory item on a water authority would have to be explained easily so voters would understand. Mr. Fernandez said it needs to have a viable funding source and it would be nice if it’s countywide. The creation of a taxing authority that would allow the authority or Alliance to do something - - otherwise it would have to rely on the goodwill of municipal members to be able to do anything. There is no sense in creating it unless there is a funding source.

Fritz Behring said the Commission under the charter cannot create a water authority. He suggested the only mechanism for creating a water authority would be a change in state law. He said the Water Alliance has done its job. It brought people together and the Alliance has a document. More than a third of communities never had say in what the document said.

Mr. Scovell said a ballot item might be an advisory way to seek changes in the law. This would include stormwater. Mr. Behring said stormwater utilities are a mechanism that municipalities have to generate revenue. No one will give up this revenue source voluntarily. We don’t want to be in a position where we are in a crisis. He said he thinks there are some things that can be done locally such as xeriscaping.

Mr. Scovell asked about xeriscaping and a landscape ordinance. It could be done as a minimum standard. Mr. Behring suggested tying xeroscaping to development to get the attention of builders and the public. Xeriscaping may not have public support, he noted.

Mr. Gummey passed out the state statutes regarding xeriscaping (attached). The statutes state that counties can consider enacting ordinances requiring xeriscaping as a water conservation measure.

Mr. Scovell said that measure provides the Commission something to work with and commercial landscaping could be included. The Commission asked Mr. Gummey to develop ballot language on xeriscaping that would include commercial development.

Mr. Gummey said Mr. Eckert had advised this Commission that the Council could do this as minimum standards. Mr. Scovell said an advisory question on the ballot at the next election if supported strongly by the public could be a powerful lever.

Mr. Behring said in the interlocal agreement that created the Water Alliance there is a statement that any city or participant will automatically adopt the 2020 Plan as a component of its respective comprehensive plan. This issue has caused several cities some concern because the interlocal agreement forces the Plan to become part of the cities’ future plans and yet the City of Deltona and others did not get input on it.

Mr. Brewer suggested perhaps putting the 2020 Plan on the ballot. A discussion ensued.

Mr. Scovell said a water authority is an existing entity under Florida law.

Mr. Behring said maybe the way to address the authority issue is to ask the voters if they would support the creation of a water authority and request special legislation from the Legislature to do this.

Mr. Gummey said the nature of a plan is that it needs to be changed due to changing conditions. He said he does not see how that can be dealt with effectively by referendum.

Mr. Scovell said it could be updated every five years.

ADJOURN/SET NEXT MEETING DATE
There being no further business, the Commission adjourned at 7:01 p.m. The next meeting of the Commission will be at 6 p.m., Thursday, Dec. 10 in the Training Rooms, Thomas C. Kelly Administration Center, DeLand.

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